Session of 2021 HOUSE BILL No. 2281

By Committee on Health and Human Services 2-9

1 AN ACT concerning public health; establishing 988 as the 2 prevention and mental health crisis hotline in Kansas; providing for the 3 Kansas department for aging and disability services to provide 4 oversight and support to hotline centers; prescribing hotline center 5 duties and provision of services; telecommunication providers duties; 6 collection and disbursement of fees for the 988 hotline. 7 8 Be it enacted by the Legislature of the State of Kansas: 9 Section 1. Sections 1 through 5, and amendments thereto, shall be 10 known and may be cited as the living, investing in values and ending 11 suicide (LIVES) act. 12 Sec 2. As used in sections 1 through 5, and amendments thereto: 13 (a) "Crisis-receiving and stabilization services" means short-term 14 services with capacity for diagnosis, initial management, observation, 15 crisis stabilization and follow-up referral services. 16 (b) "Department" means the Kansas department for aging and 17 disability services. 18 (c) "Exchange telecommunications service" means the same as 19 provided in K.S.A. 12-5363, and amendments thereto. 20 (d) "Hotline" means the 988 and mental health 21 crisis hotline or its successor maintained by the assistant secretary for 22 mental health and substance use under 42 U.S.C. § 290bb-36c. 23 (e) "Hotline center" means a 988 suicide prevention and mental 24 health crisis hotline center, designated by the Kansas department for aging 25 and disability services, participating in the national suicide prevention 26 lifeline network to respond to statewide or regional 988 calls. 27 (f) "Mobile crisis team" means a team of behavioral health 28 professionals and peers that provide professional, community-based, crisis 29 intervention services, including, but not limited to, de-escalation and 30 stabilization for individuals who are experiencing a behavioral health 31 crisis. Such services are separate and distinct from 911 emergency 32 responses of emergency medical services or law enforcement. 33 (g) "NSPL" means the national suicide prevention lifeline, the 34 national network of local, certified crisis centers that provide free and 35 confidential emotional support to people in suicidal crisis or emotional 36 distress 24 hours per day, 7 days per week. HB 2281 2

1 (h) "Peer specialist" means an individual certified by the department 2 to provide supportive services on the basis of such individual's personal, 3 lived experience of mental illness or addiction and recovery. 4 (i) "Provider" means the same as defined in K.S.A. 12-5363, and 5 amendments thereto. 6 (j) "Secretary" means the secretary for aging and disability services. 7 (k) "Services" means behavioral health services. 8 (l) "Service user" means any person who is provided exchange 9 telecommunications service, wireless telecommunications service, VoIP 10 service, prepaid wireless service or any other service capable of contacting 11 a hotline center by dialing 988. 12 (m) "VCL" means the crisis line maintained by the United 13 States secretary of veterans affairs under 38 U.S.C. § 1720F(h). 14 (n) "VoIP service" means the same as provided in K.S.A. 12-5363, 15 and amendments thereto. 16 (o) "Wireless telecommunications service" means the same as 17 provided in K.S.A. 12-5363, and amendments thereto. 18 Sec. 3. In accordance with 47 C.F.R. § 52.200: 19 (a) The Kansas department for aging and disability services shall: 20 (1) Prior to July 16, 2022: 21 (A) Designate a hotline center or network of centers to provide crisis 22 intervention services and care coordination to individuals accessing the 23 hotline for 24 hours per day, 7 days per week; 24 (B) create a system for information sharing and communication 25 between crisis and emergency response systems and hotline centers for the 26 purpose of real-time crisis care coordination, including, but not limited to, 27 deployment of crisis and outgoing services specific to a crisis response or 28 911 emergency responders when necessary; 29 (C) convene mobile crisis teams; 30 (D) develop guidelines for deploying services, including mobile crisis 31 teams, coordinating access to crisis-receiving and stabilization services or 32 other local resources as appropriate, and providing referrals and follow- 33 ups; 34 (E) coordinate consistent public messaging regarding the hotline with 35 NSPL, the department and the department of veterans 36 affairs; 37 (F) require training as established by NSPL for hotline center staff for 38 servicing high-risk and specialized populations identified by the substance 39 abuse and mental health services administration within the United States 40 department of health and human services or transferring to appropriate 41 specialized centers; 42 (G) work with the Kansas department of health and environment and 43 KanCare managed care organizations to develop plans for payment for HB 2281 3

1 uninsured services; 2 (H) create an advisory board to provide guidance to the secretary and 3 gather feedback and make recommendations for hotline centers, local 4 counties and municipalities regarding the planning and implementation of 5 the hotline; 6 (I) hire a statewide suicide prevention coordinator; and 7 (J) adopt rules and regulations to implement the provisions of this act. 8 (2) After July 16, 2022: 9 (A) Consult with the advisory board to provide guidance to the 10 secretary and gather feedback and make recommendations for hotline 11 centers, local counties and municipalities regarding usage and services 12 provided in response to calls to the hotline centers; 13 (B) fund any uninsured services provided in response to the hotline if 14 an individual receiving the services is uninsured or the services or the 15 facility are not covered by an individual's insurance; and 16 (C) at the beginning of each legislative session, submit an annual 17 report of the hotline's usage and the services provided in response to calls 18 to the hotline centers to the house of representatives standing committee 19 on health and human services and the senate standing committee on public 20 health and welfare or any successor committees. 21 (b) The hotline centers shall: 22 (1) Prior to July 16, 2022: 23 (A) Establish an agreement with the NSPL for participation within 24 the network; 25 (B) meet any training requirements for hotline center staff established 26 by the NSPL or the department in subsection (a); 27 (C) enter into memorandums of understanding with local service 28 providers to be deployed according to the guidelines established by the 29 department in subsection (a); 30 (D) coordinate access to crisis-receiving and stabilization services or 31 other local resources as appropriate according to the guidelines established 32 by the department in subsection (a); 33 (E) provide referrals and follow-ups according to the guidelines 34 established by the department in subsection (a); 35 (F) work with the United States department of veterans affairs to 36 route calls from self-designated veterans for the provision of VCL 37 services; and 38 (G) meet any requirement set forth in subsection (b)(2), if the center 39 has the capabilities to meet such provisions before July 16, 2022. 40 (2) After July 16, 2022: 41 (A) Receive all calls initiated by a service user dialing 988 from 42 providers; 43 (B) deploy crisis services, including mobile crisis teams according to HB 2281 4

1 the guidelines established by the department in subsection (a); 2 (C) coordinate access to crisis-receiving and stabilization services or 3 other local resources as appropriate according to guidelines established by 4 the department in subsection (a); 5 (D) provide referrals and follow-ups according to the guidelines 6 established by the department in subsection (a); 7 (E) continue to meet training requirements established by the NSPL 8 and the department in subsection (a); and 9 (F) continue to work with the United States department of veterans 10 affairs to route calls from self-designated veterans for the provision of 11 VCL services. 12 (c) Providers shall: 13 (1) Prior to July 16, 2022: 14 (A) Establish 988 as the unique number for suicide prevention and 15 mental health crisis; 16 (B) transmit all calls initiated by a service user dialing 988 to the 17 current toll-free access number for the NSPL; 18 (C) complete all changes necessary to implement the designation of 19 the 988 dialing code; and 20 (D) establish a system for collecting fees and remitting such fees to 21 the 988 suicide prevention and mental health crisis hotline fund 22 established pursuant to section 4, and amendments thereto. 23 (2) After July 16, 2022: 24 (A) Direct all calls initiated by a user dialing 988 to hotline centers; 25 and 26 (B) collect fees and remit such fees to the 988 suicide prevention and 27 mental health crisis hotline fund established pursuant to section 4, and 28 amendments thereto. 29 Sec. 4. (a) There is hereby imposed a 988 fee in the amount of $.50 30 per month per subscriber account of any exchange telecommunications 31 service, wireless telecommunications service, VoIP service or other service 32 capable of contacting a hotline center. Such fee shall not be imposed on 33 prepaid wireless service. It shall be the duty of each exchange 34 telecommunications service provider, wireless telecommunications service 35 provider, VoIP service provider or other service provider to remit such fees 36 to the department of revenue. 37 (b) Every billed service user shall be liable for the 988 fee until such 38 fees have been paid to the exchange telecommunications service provider, 39 wireless telecommunications service provider, VoIP service provider or 40 other service provider. All providers shall have the duty to collect the fees 41 imposed pursuant to this act. Such fees shall be added to and may be stated 42 separately in billings for the subscriber account. If stated separately in 43 billings, the fees shall be labeled ''988 fees.'' The fees imposed by this HB 2281 5

1 section shall be collected along with the charges for local exchange, 2 wireless, VoIP or other service in accordance with the regular billing 3 practice of the provider. 4 (c) The provider shall have no obligation to take any legal action to 5 enforce the collection of the fees imposed by this act. The provider shall 6 provide annually to the department of revenue a list of the amount of 7 uncollected 988 fees along with the names and addresses of those service 8 users that carry a balance that can be determined by the provider to be 9 nonpayment of such fees. 10 (d) The 988 fees and the amounts required to be collected therefor are 11 due monthly. The amount of such fees collected in one month by the 12 provider shall be remitted to the department of revenue not more than 15 13 days after the close of the calendar month. On or before the 15th day of 14 each calendar month following, a return for the preceding month shall be 15 filed with the department of revenue. Such return shall be in such form and 16 shall contain such information as required by the department of revenue. 17 The provider required to file the return shall deliver the return together 18 with a remittance of the amount of fees payable to the department of 19 revenue. The provider shall maintain records of the amount of any such 20 fees collected in accordance with this act for a period of three years from 21 the time the fees are collected. 22 (e) The department of revenue shall remit all 988 fees to the state 23 treasurer in accordance with the provisions of K.S.A. 75-4215, and 24 amendments thereto. Upon receipt of each such remittance, the state 25 treasurer shall deposit the entire amount in the state treasury to the credit 26 of the 988 suicide prevention and mental health crisis hotline fund 27 established pursuant to section 5, and amendments thereto. 28 Sec. 5. (a) There is hereby established in the state treasury the 988 29 suicide prevention and mental health crisis hotline fund to be administered 30 by the secretary for aging and disability services. 31 (b) Moneys from the following sources shall be credited to the fund: 32 (1) Revenue generated from the fee established in section 4, and 33 amendments thereto; and 34 (2) amounts received from any public or private entity for the 35 purposes of the fund. 36 (c) On or before the 10th of each month, the director of accounts and 37 reports shall transfer from the state general fund to the 988 suicide 38 prevention and mental health crisis hotline fund, interest earnings based 39 on: 40 (1) The average daily balance of moneys in the 988 suicide 41 prevention and mental health crisis hotline fund for the preceding month; 42 and 43 (2) the net earnings rate of the pooled money investment portfolio for HB 2281 6

1 the preceding month. 2 (d) Moneys credited to the fund shall be used only to: 3 (1) Pay all expenses incurred in the administration of the fund; and 4 (2) provide for the necessary and reasonable costs of implementing 5 and maintaining the hotline that includes: 6 (A) The efficient and effective routing of and response to calls made 7 to the hotline to the centers, including staffing and technological 8 infrastructure enhancements necessary to meet the requirements 9 established in section 2, and amendments thereto; 10 (B) personnel and behavioral health, crisis outreach and stabilization 11 services with emphasis on expanding services to rural areas by directly 12 responding to the hotline; 13 (C) data collection and reporting, evaluations and related quality 14 improvement activities as required by the secretary; 15 (D) a statewide suicide prevention coordinator to be employed by the 16 department; and 17 (E) evidence-based suicide prevention and public promotion of the 18 hotline. 19 (e) All expenditures from the fund shall be made in accordance with 20 appropriation acts upon warrants of the director of accounts and reports 21 issued pursuant to vouchers approved by the secretary or the secretary's 22 designee. 23 Sec. 6. This act shall take effect and be in force from and after its 24 publication in the statute book.